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Upholding Democracy Through Ballots

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Upholding Democracy Through Ballots Upholding Democracy through Ballots Presidential & Provincial Council Elections AFGHANISTAN 2009 Report of the International Election Observation Mission The Asian Network for Free Elections (ANFREL Foundation) AFGHANISTAN: Upholding democracy through ballots Published by The Asian Network for Free Elections (ANFREL Foundation) 105 Suthisarnwinichai Road, Samsennok, Huaykwang, Bangkok 10320, Thailand Tel, (66 2) 2773627 Fax, (66 2) 2762183 E‐mail: [email protected] Website: http://www.anfrel.org Author: Bidhayak Das, with inputs from all observers Contributors: Praveen Rai, Ichal Supriadi Free and Fair Election Foundation for Afghanistan Book cover: Somboon Udomwatchanasak, Pongsak Chan‐on Layout: Chatchawan Rakchat Photos courtesy: Mission observers ISBN: 978‐616‐90144‐0‐9 Printed in Bangkok, Thailand, December 2009 2 | Page AFGHANISTAN: Upholding democracy through ballots A Tribute The Asian Network for Free Elections Foundation (ANFREL) dedicates this book to late Mr. Kingsley Rodrigo, ANFREL’s former Secretary General who passed away in August 2009 from prolonged deteriorating health problems. His dedication and spirit of service will be missed by all in ANFREL. He has always encouraged ANFREL Secretariat staff and its members, collectively and individually to contribute their best to promoting the democratic principles of governance and to uphold the rights of the minorities and the vulnerable groups who need to be mainstreamed into the nation‐building process and recognised as equals. Kingsley strongly supported the idea of public awareness about the electoral processes and transparency whenever the elections were held as the country’s commitment to free and fair elections. ANFREL will continue to uphold the values he cherished and supported till his last. Even though Kingsley is not present among us, we will not forget his footsteps. He walked with a lot of us in the Asian region working together as international observer from time to time and ensured that each mission lived up to its public expectations. His great contribution to democracy, free and fair elections is a shining example to the next generation. His physical presence will be missed, but his spirit will be with ANFREL forever. Somsri Hananuntasuk Executive Director – ANFREL 3 | Page AFGHANISTAN: Upholding democracy through ballots Contents Foreword ...................................................................................................................... 6 Acknowledgement ........................................................................................................ 8 Abbreviations.............................................................................................................. 10 Executive Summary ..................................................................................................... 13 Introduction ................................................................................................................ 21 Afghanistan at a glance ................................................................................................ 21 Political Overview......................................................................................................... 24 The Changing Security Environment ............................................................................ 27 The Election Observation Mission................................................................................ 34 Mission Objectives and Key Findings ........................................................................... 35 Observation Methodology ........................................................................................... 40 Elections in the War Zone............................................................................................ 44 The Election Challenges in Afghanistan........................................................................ 44 Peoples’ Participation in Democratisation ................................................................... 53 Voices from the People ................................................................................................ 53 Women’s Participation in the Pre‐Election Phase........................................................ 55 Election Overview ....................................................................................................... 68 Constitutional Overview............................................................................................... 68 The Election Framework in Afghanistan....................................................................... 72 Election Administration................................................................................................ 75 The Electoral Complaints Commission ......................................................................... 78 Inherent Limitations in the Laws.................................................................................. 81 Electoral System........................................................................................................... 83 Voter Registration ........................................................................................................ 85 Registration of Candidates and Parties ........................................................................ 89 Local and International Observation............................................................................ 92 Pre‐Election Environment............................................................................................ 97 The Security Scenario................................................................................................... 97 Campaign Environment.............................................................................................. 104 Civil Society Organisations (CSOs).............................................................................. 112 The Media Role in the Elections................................................................................. 114 Voter Education ......................................................................................................... 116 Election Day in Afghanistan........................................................................................122 Election Environment................................................................................................. 122 Polling Process ........................................................................................................... 125 Women’s Participation on Election Day..................................................................... 134 Post Election Developments ...................................................................................... 137 Counting and Announcement of Results.................................................................... 137 Dispute Resolution ..................................................................................................... 143 RECOMMENDATIONS .................................................................................................151 4 | Page AFGHANISTAN: Upholding democracy through ballots ANNEXES....................................................................................................................160 Annex 1‐ Mission Timeline ...................................................................................... 160 Annex 2‐ Observer’s List .......................................................................................... 161 Annex 3‐ Basic Facts about Afghanistan.................................................................. 163 Annex 4‐ NATO Afghanistan Report ....................................................................... 164 Annex 5‐ The Asia Foundation Survey extracts ....................................................... 167 Annex 6‐ Counting and Audit Process ..................................................................... 170 Annex 7‐ Audit Checklist.......................................................................................... 173 Annex 8‐ List of Presidential Candidates ................................................................. 176 Annex 9‐ ANFREL’s Press Statement........................................................................ 177 Annex 10‐ Media Coverage of ANFREL’s Mission...................................................... 189 Annex 11‐ Organisation Background......................................................................... 200 5 | Page AFGHANISTAN: Upholding democracy through ballots Foreword The Asian Network for Free Elections (ANFREL) Foundation which is a leading regional election network of civil society organisations was set up in 1997 to promote the process of democratisation and democratic consolidation through elections in Asia and also in other parts of the world. The Foundation has been striving to promote the principles of democracy in Asia led by Asians themselves. So far the Foundation has undertaken as many as 43 election observation missions across the Asian region in more than 20 countries. Over 50 observers from as many as 13 different countries in Asia were engaged to observe the Presidential and Provincial Council Elections in Afghanistan which was held on August 20, 2009. Owing to the prevailing security situation and handicapped by the lack of adequate logistics and security support in the Southern and Eastern part of the Afghanistan, observers were deployed in the North, North East and Central regions only, covering a total of 15
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